MANILA, August 31 ------ The Supreme Court issued a temporary restraining order (TRO) which halts, for the time being, the implementation of the “no-contact apprehension program” (NCAP) of some Metro Manila cities.
It also set the case for oral arguments on Jan. 24, 2023, giving proponents and critics of the policy an opportunity to argue for or against the measure. The TRO was issued in response to 2 pending petitions seeking to nullify the NCAP on due process concerns. Transport groups, on Aug. 3, challenged 7 ordinances of the LGUs of Manila, Quezon City, Valenzuela, Parañaque City and Muntinlupa City issued between 2016 and 2021, which they said would allow traffic enforcers to apprehend motorists without citing which specific provision of the Land Transportation and Traffic Code (RA 4136) they allegedly violated. Another petition was filed on Aug. 17 against Manila’s NCAP by lawyer Juman Paa who was fined P20,000 for alleged traffic violations. Both petitions claimed NCAP prevented alleged traffic violators from contesting the violation and penalizes the registered vehicle owners, not the drivers of the vehicles. The policy also allegedly shifts the burden to the registered owner to prove that there was no violation and creates a presumption of liability of the registered owner.
In addition, Paa argued the penalties for Manila’s NCAP are much higher than those imposed by the Land Transportation Office (LTO) and the Metropolitan Manila Development Authority (MMDA). He also alleged violation of right to privacy because it supposedly appears that anyone who enters the plate number of a vehicle on Manila City’s website would be able to see the number of traffic violations committed including personal details such as the name of the vehicle owner, address and details of the vehicle.
Despite opposition to the measure, the MMDA and some Metro Manila mayors have expressed support for NCAP. The MMDA said its version of NCAP has been proven to be an “effective force multiplier to its traffic enforcers.” A joint statement of Metro Manila mayors said the policy is effective in instilling discipline among drivers and is in line with President Ferdinand “Bongbong” Marcos, Jr.’s emphasis on digitizing and making accessible the government’s services.
Source: news.abs-cbn.com
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